Bush told NBC’s Matt Lauer in 2010 that he authorized the use of enhanced interrogation techniques like waterboarding because his “lawyer said it was legal, said it did not fall within the Anti-Torture Act.” But Zelikow’s memo warned the Bush Administration in 2006 that the interrogation techniques used on terror suspects by the CIA were “a felony war crime.”

“As a top lawyer at the Bush State Department, Philip Zelikow circulated the memo within the Administration that said, essentially, that the Administration was kidding itself in trying to say that there was some way around the law,” Maddow explained. “They were trying to give a legal green light to CIA interrogator to torture people, but that green light, he said, was a sham.”

In 2009, Zelikow said that the Bush Administration attempted to collect and destroy all copies of the memo.

“If the Republican Party were the still the party of John McCain, this would open up a whole new can of political worms,” Maddow said, “because the Obama Administration, remember, looked into Bush Administration ordered torture and they decided not to prosecute any of it.”

Upon taking office in 2009, President Barack Obama abolished CIA secret prisons, banned the use of torture and promised to close the detention center at Guantanamo Bay. In doing so, he vowed not to prosecute former Bush Administration officials, saying it was a “time for reflection, not retribution.”

About the Author

Eric W. Dolan has served as an editor for Raw Story since August 2010,
and is based out of Sacramento, California. He grew up in the suburbs
of Chicago and received a Bachelor of Science from Bradley University.
Eric is also the publisher and editor of the psychology news website PsyPost. You can follow him on
Twitter @ewdolan.